40C-400.443: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
40C-400.447: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to: (1) clarify the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., (for minor bridge activities by the Florida Department of Transportation (FDOT), counties, and municipalities), and (2) clarify the 0.25 acre wetlands and other surface waters impact area limitation in the noticed general permit authorized by Rule 40C-400.447, F.A.C., (for minor activities by FDOT, counties, and municipalities within existing rights-of-way or easements).
SUBJECT AREA TO BE ADDRESSED: This proposed rule amendment would clarify that: (1) the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., includes bridge maintenance activities and that the authorized replacement or modification of a bridge includes changes in bridge configuration or fill due to changes in materials, construction techniques, or to meet current construction codes or safety standards, and (2) the 0.25 wetlands and other surface waters impact area limitation in the noticed general permit authorized by Rule 40C-400.447, F.A.C., applies to each culverted crossing.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.414, 373.418 FS.
LAW IMPLEMENTED: 373.118, 373.413, 373.414, 373.416, 373.418, 373.426 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4459, Suncom 860-4459, email nmesser@sjrwmd.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40C-400.443 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.
(1) A general permit is hereby granted to the Florida Department of Transportation, counties and municipalities to conduct the activities described below:
(a) The replacement, or modification, or maintenance of bridges and approaches where the combined total of dredging and filling, both temporary and permanent, in wetlands and other surface waters does not exceed 0.5 acres.
(b) No change.
(2) This general permit shall be subject to the following specific conditions:
(a) through (k) No change.
(l) This general permit authorizes dredging and filling for the replacement or modification of a bridge and approaches for a specific crossing of a wetland or other surface water. Replacement of a bridge or modification of a bridge that includes changes in the configuration of the bridge or fill areas due to changes in materials, construction techniques, or meeting current construction codes or safety standards are authorized under this permit. Any connecting road expansion or alteration associated with such replacement or modification must be authorized by a separate general or individual permit under Chapter 40C-4, 40C-40, 40C-42 or 40C-400, F.A.C., as applicable, before the start of construction; and
(m) No change.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended_________.
40C-400.447 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements.
(1) A general permit is hereby granted to the Florida Department of Transportation, counties and municipalities to conduct the activities described below:
(a) The extension of existing culverts and crossing approaches to accommodate widening of the roadway where excavation or deposition of material shall not exceed 1000 cubic yards in wetlands and other surface waters and the area from which material is excavated or to which material is deposited shall not exceed a total of 0.25 acres at any one culverted crossing location (project site). The 1000 cubic yardage limitation shall be separately applied to excavation and deposition of material.
(b) through (g) No change.
(2) through (3) No change.
Specific Authority 373.044, 373.113, 373.118, 373.414, 373.418 FS. Law Implemented 373.118, 373.413, 373.414, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 1-11-99, 10-11-01,_________